Rufus Wheeler Peckham, Red River Valley National Bank of Fargo v…
“ A mortgage which is already subject to the right of subsequent lienors, who furnish materials or labor in the erection of a building, to sell the same and have it removed for the payment of the liens, is not in our judgment reduced in value by the provision contained in the amendment under consideration. ”
Rufus Wheeler Peckham, Red River Valley National Bank of Fargo v…
“ The court, however, recognizes in terms the existence of a lien under that statute, when a new structure has been put upon the land subsequently to the execution of the mortgage, if the person claiming the lien has contributed to the erection of the building by furnishing materials therefor or performing labor thereon. ”
Rufus Wheeler Peckham, Red River Valley National Bank of Fargo v…
“ The mortgage in this case was past due and had been foreclosed and the land sold in 1894, subject to the lien on the building provided by the statute then in existence. One who does not belong to the class that might be injured by a a statute cannot raise the question of its invalidity. ”
